Not Afraid of a Difficult Spouse
Divorce will likely be one of the most difficult things you have to go through. This was the person you thought you would spend the rest of your life with. You built a family and a life with this person. Now that things aren’t working and you know divorce is inevitable, you are slowly finding out that they will not budge on any issues you are trying to figure out an amicable resolution to.
What do you do?
It is important to know that this is not a shortfall. You have tried being flexible, and it feels like all you get in return is spite. Let’s take a closer look at contested divorce and what it means for your situation.
What is a Contested Divorce
A contested divorce occurs when a couple cannot agree on how to resolve the issues involved in the dissolution of their marriage. A contested divorce often ends up going to trial, where a judge will settle the issues in the divorce using various metrics and information.
Sometimes, this isn’t simply because one person is being spiteful. It can often be because these issues are too complex for someone who is going through a stressful life experience to try and figure out on their own or because they are afraid of what the future might hold for them if they “lose” during the divorce.
What Leads to a Contested Divorce?
You and your soon-to-be-former spouse have built a life together without considering what would happen should your marriage come to an end. Because of this, there may be issues where divorcing couples have trouble determining a fair way to settle these issues during a divorce.
Here are a few issues that may result in a contested divorce:
- You and your spouse are unable to agree on a fair division of marital assets. You and your spouse commingled your lives. Now that you need to divide your marital property, you don’t know where to start. You may not even know what qualifies as a marital asset and will rely on a judge to make these hard decisions.
- The couple may have differing views on whether or not spousal maintenance is necessary, who should pay who, and who should be paid what. A judge will examine the information provided and, if spousal support is requested, will make a ruling on it.
- When minor children are involved, the couple may not be able to agree on child custody, child support, visitation, or a parenting plan. They need the judge to determine a fair agreement.
- If you both signed a prenuptial agreement before getting married, one or both of you may be unsure of the validity of the prenup now that your marriage is ending. A judge can make sure a valid prenup is enforced, and an invalid prenup is dismissed.
As you can see, these issues are complex. The decisions made regarding any one of these marital issues may have significant and unforeseen impacts on your life. It is understandable why couples may rely on the judgment of a divorce court to settle some or all of these issues on behalf of the couple.
What Are Some Alternatives to a Contested Divorce?
You and your spouse may be unaware of other methods of divorce that exist. Some of these different methods may lead to a more amicable divorce than a contested divorce.
Some other forms of divorce include:
- If you and your spouse are able to negotiate the terms of your divorce, you can file an uncontested divorce. You can avoid court appearances and paperwork and save time by pursuing an uncontested divorce.
- Even if you and your spouse are willing to work towards an uncontested divorce, you still may not understand all of the factors involved in a divorce, or you may still need help coming up with a fair agreement. Using mediation, you can negotiate the terms of your divorce using a neutral, 3rd party mediator to help settle the terms of your divorce.
- If you are struggling to come up with a fair divorce agreement but you both would like to avoid taking your divorce to court, you may be able to pursue a collaborative divorce. In a collaborative divorce, you both hire your own attorneys. You, your spouse, and both attorneys agree to avoid litigation.
What Should You Do if Your Spouse Contests the Divorce?
If you quickly realize that your spouse is not going to cooperate or that, no matter what, you and your spouse will not be able to agree on the terms of your divorce, then you are left with only a few options.
The first thing you should do is call KGH Family Law to schedule your consultation with a compassionate attorney who is not afraid of litigation. Working with our team, you can ask questions, learn more about the divorce process, and get consultation on your options.
Now that you are better informed, you can try negotiating with your soon-to-be ex. When you attempt to negotiate your divorce terms, you will be more likely to achieve a mutually beneficial divorce and walk away with the opportunity to keep things amicable, which is especially helpful when children are involved.
If negotiating just doesn’t work, then it is time to work with KGH Family Law in order to get everything in order. An organized divorce will more likely lead to a fair outcome for you. We will build your case using evidence, witnesses, documentation, and more to ensure you land on both feet.
Don’t hesitate; call 240-616-6968 today!